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END USER LICENSE AGREEMENTS FOR THE BUTTERBIES
Last updated: 01 July 2018
IMPORTANT, PLEASE READ CAREFULLY
Please read this End-User License Agreement ("Agreement") carefully before downloading or using THE BUTTERBIES ("Application").
BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS APPLICATION/ SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
If you do not agree to the terms of this Agreement, do not download or use the Application.
License
Parakite LTD (“Publisher”) grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Ownership
It is hereby understood and agreed that, as between you and the Publisher, that the Publisher is the owner of all right titles, ownership rights, intellectual property rights and interests in and to the Software Product and all copies thereof (including without limitation any titles, computer codes, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artworks, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation), regardless of the media or form of the original download, whether online, by disk or otherwise. You, as Licensee, through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product.
Restrictions
You agree not to, and you will not permit others to:
a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
Modifications to Application
The publisher reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Term and Termination
This Agreement shall remain in effect until terminated by you or the Publisher.
The Publisher may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Publisher, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
Disclaimer of warranties
You expressly acknowledge and agree that use of the software product is at your sole risk and that the entire risk as to satisfactory quality, performance, and accuracy is with you. To the maximum extent permitted by applicable law, the software product is provided “as is,” with all faults and without warranty of any kind. The Publisher and their affiliates hereby disclaim all warranties and conditions with respect to the software product, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. The Publisher does not warrant against interference with your enjoyment of the software product, that the functions contained in the software product will meet your requirements, that the operation of the software product or the additional services will be uninterrupted or error-free, or that defects in the software product will be corrected. no oral or written information or advice given by the Publisher or their authorized representative shall create a warranty. should the software product prove defective, you assume the entire cost of all necessary servicing, repair or correction. some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the Publisher, its affiliates or licensees, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of in-game currency and values or any other pecuniary loss) arising out of the use of or inability to use the software product or defect in or caused by the software product, including but not limited to compromising the security of your unit, operating system or files, or the provision of or failure to provide support services, even if the Publisher has been advised of the possibility of such damages.
The Publisher does not accept liability for: (1) any possible criminal actions committed by end user; (2) statements of the end user, made or published on the forums and chats relating to the game, or end user’s behavior in the game, including the conduct, manner and ideology of the in-game characters, managed by the end user, actions of in-game characters in the game, disrespect for other end users and their in-game characters; (3) the loss of access means by the end users to their in-game accounts (loss of login, password and other information required for participation to the game); and (4) the loss of the end user’s in-game currency and values provided by the game or purchased by end user.
In any case, the Publisher’s entire liability under any provision of this EULA shall be solely limited to the amount actually paid by you for the software product (excluding the amount paid by you to get in-game currency) or replacement of the software product with product of comparable retail value, as the Publisher may elect in its sole discretion; provided however, if you have entered into a support services agreement, the Publisher’s entire liability regarding support services shall be governed by the terms of that agreement because some states and jurisdictions do not allow the exclusion or limitation of liability, the above.
Indemnification
You hereby agree to indemnify, defend and hold harmless the Publisher and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sub licensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) your breach of any term of this EULA; (b) your violation of any rights of any third party; or (c) your use or misuse of the Software Product. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
Defects and security warning
Without limiting the foregoing, the Publisher does not ensure continuous, error-free, secure or virus-free operation of the software product.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments to this Agreement
The Publisher reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 7 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Information
If you have any questions about this Agreement, please contact us at
contactus@parakiteinteractive.com
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE PUBLISHER
Last updated: 01 July 2018
IMPORTANT, PLEASE READ CAREFULLY
Please read this End-User License Agreement ("Agreement") carefully before downloading or using THE BUTTERBIES ("Application").
BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THIS APPLICATION/ SOFTWARE PRODUCT, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS:
If you do not agree to the terms of this Agreement, do not download or use the Application.
License
Parakite LTD (“Publisher”) grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.
Ownership
It is hereby understood and agreed that, as between you and the Publisher, that the Publisher is the owner of all right titles, ownership rights, intellectual property rights and interests in and to the Software Product and all copies thereof (including without limitation any titles, computer codes, themes, objects, characters, character names, stories, dialog, catch phrases, locations, concepts, artworks, character inventories, structural or landscape designs, animations, sounds, musical compositions and recordings, audio-visual effects, storylines, character likenesses, methods of operation, moral rights, and any related documentation), regardless of the media or form of the original download, whether online, by disk or otherwise. You, as Licensee, through your downloading, installing, copying or use of this product do not acquire any ownership rights to the Software Product.
Restrictions
You agree not to, and you will not permit others to:
a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party.
Modifications to Application
The publisher reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.
Term and Termination
This Agreement shall remain in effect until terminated by you or the Publisher.
The Publisher may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from the Publisher, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your desktop.
Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your desktop.
Disclaimer of warranties
You expressly acknowledge and agree that use of the software product is at your sole risk and that the entire risk as to satisfactory quality, performance, and accuracy is with you. To the maximum extent permitted by applicable law, the software product is provided “as is,” with all faults and without warranty of any kind. The Publisher and their affiliates hereby disclaim all warranties and conditions with respect to the software product, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. The Publisher does not warrant against interference with your enjoyment of the software product, that the functions contained in the software product will meet your requirements, that the operation of the software product or the additional services will be uninterrupted or error-free, or that defects in the software product will be corrected. no oral or written information or advice given by the Publisher or their authorized representative shall create a warranty. should the software product prove defective, you assume the entire cost of all necessary servicing, repair or correction. some jurisdictions do not allow the exclusion of implied warranties or limitation on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
Limitation of liability
To the maximum extent permitted by applicable law, in no event shall the Publisher, its affiliates or licensees, be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, loss of in-game currency and values or any other pecuniary loss) arising out of the use of or inability to use the software product or defect in or caused by the software product, including but not limited to compromising the security of your unit, operating system or files, or the provision of or failure to provide support services, even if the Publisher has been advised of the possibility of such damages.
The Publisher does not accept liability for: (1) any possible criminal actions committed by end user; (2) statements of the end user, made or published on the forums and chats relating to the game, or end user’s behavior in the game, including the conduct, manner and ideology of the in-game characters, managed by the end user, actions of in-game characters in the game, disrespect for other end users and their in-game characters; (3) the loss of access means by the end users to their in-game accounts (loss of login, password and other information required for participation to the game); and (4) the loss of the end user’s in-game currency and values provided by the game or purchased by end user.
In any case, the Publisher’s entire liability under any provision of this EULA shall be solely limited to the amount actually paid by you for the software product (excluding the amount paid by you to get in-game currency) or replacement of the software product with product of comparable retail value, as the Publisher may elect in its sole discretion; provided however, if you have entered into a support services agreement, the Publisher’s entire liability regarding support services shall be governed by the terms of that agreement because some states and jurisdictions do not allow the exclusion or limitation of liability, the above.
Indemnification
You hereby agree to indemnify, defend and hold harmless the Publisher and its affiliates and their respective officers, employees, directors, agents, licensees (excluding you), sub licensees (excluding you), successors and assigns from and against any and all liability, costs, losses, damages, and expenses (including reasonable attorneys’ fees and expenses) arising out of any claim, suit, or cause of action relating to and/or arising from (a) your breach of any term of this EULA; (b) your violation of any rights of any third party; or (c) your use or misuse of the Software Product. Your indemnification obligations set forth in the immediately preceding sentence shall survive the termination of this EULA.
Defects and security warning
Without limiting the foregoing, the Publisher does not ensure continuous, error-free, secure or virus-free operation of the software product.
Severability
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Amendments to this Agreement
The Publisher reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 7 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
Contact Information
If you have any questions about this Agreement, please contact us at
contactus@parakiteinteractive.com
ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY THE PUBLISHER